What is the difference between a motion to suppress and a motion to dismiss?
Motions to suppress and motions to dismiss in drug crimes law in Minnesota are two separate legal motions that are used to challenge criminal charges. A motion to suppress is a motion presented by the defense in a criminal case to try and exclude certain types of evidence from being used against the defendant. For example, if the defendant believes that evidence was collected during an unlawful search and seizure or that his or her Miranda rights were violated, the defendant can file a motion to suppress. This motion argues that the evidence was obtained illegally, and should not be allowed in court. A motion to dismiss is a motion which requests that the court dismiss the charges altogether. This type of motion is typically used when the defense believes that there is not enough evidence to support the charges or when the prosecution has violated the defendant’s constitutional rights in some way. If the defense is successful in either motion, the consequences for the prosecution can be significant. A successful motion to suppress may mean that certain pieces of evidence can’t be used in court, which could weaken the prosecution’s case, while a successful motion to dismiss will mean that the charges against the defendant are dropped entirely.
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